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The Defendant-Counterclaim Plaintiff’s appeal is dismissed.
Expenses for appeal shall be borne by the Defendant (Counterclaim Plaintiff).
purport, purport, and.
Reasons
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant makes an additional or supplementary decision as to the part asserted as the reason for appeal as the reason for appeal as stated in the following Paragraph 2, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional or supplementary judgment
A. 1) Determination on the Defendant’s argument on the extension of the completion date of construction works 1) In full view of the following: (a) the Plaintiff and the Defendant did not raise any objection to the delay while paying the payment for the completion to the Defendant until the expiration date of the first completion date agreed upon; and (b) whether the first completion date was observed in the instant business consultation, there was a mutual understanding between the Plaintiff and the Defendant that the first completion date should be extended or the completion date should not be determined; and (c) the Defendant did not delay the instant construction works; (d) the instant business consultation extended the completion date of the instant contract in the instant business consultation.
In light of the various circumstances revealed in the pleadings of the instant case, including the fact that there was no express discussion about the change or change of the date of completion, that there was no additional agreement between the Plaintiff and the Defendant on the change or the date of completion, that the contractor must comply with the schedule for the construction of the project presented by the contractor, and that there was an agreement that the date of completion of the instant construction should not be determined as alleged by the Defendant, as alleged by the Defendant, the contractor grants an unlimited construction period to the contractor. This is very exceptional in the construction contract that provides for the compensation for delay, and rather, the Plaintiff expressed the intent to cancel the instant contract where the completion of the instant construction is urged to the Defendant several times and the construction is not completed.
the date of completion in the instant work consultation.